Ninth Circuit Affirms Conviction of Former Chukchansi CEO for Fraud and Theft from a Tribal Gaming Establishment

Here is the opinion in United States v. Livingston. An excerpt:

The panel affirmed convictions for mail fraud (18 U.S.C. § 1341) and theft by an officer or employee of a gaming establishment on Indian lands (18 U.S.C. § 1168(b)).

The panel held that the location of the gaming establishment is not an element of the offense under § 1168(b), and that the allegations in the indictment were sufficiently specific to apprise the defendant of the specific offenses with which he was charged.

The panel also held that the district court’s jury instructions correctly defined “intent to defraud,” and that the district court did not abuse its discretion by admitting prior acts evidence under Fed. R. Evid. 404(b).

Here are the materials:

Livingston Opening Brief

US Answer Brief

Livingston Reply

Lower court materials here, here, here, and here.

Jeff Livingston was also the gaming manager at Grand Traverse Band.